Washington Post headlines read, “We really do need to deploy the 25th Amendment.” “The fictional White House in “Madam Secretary” will provide viewers with a crash course in the implementation of the 25th Amendment — the mechanism for removing the president from office — in the CBS drama’s next episode, titled “Sound and Fury.”
They’re absolutely certain to get it wrong, as all the talk I’ve seen to day fails to mention the fact that only Vice President Pence can invoke Section 4 of the 25th Amendment.
I’ve provided a short outline, below, taken directly from the 25th Amendment. I highly encourage you all to print it out, watch the episode, and see how close to (or far away from) reality the writers, directors, actors, and producers actually come.
My contention is that the 25th Amendment is NOT “the mechanism for removing the President from office” as stated by the producers of Madam Secretary. More specifically, the 25th Amendment is not the mechanism by which anyone who dislikes the President could remove him from office. That venue lies with impeachment, not the 25th.
Before we continue, let’s examine the 25th Amendment to the United States Constitution in its entirety, as preserved and reported by our nation’s Library of Congress:
Sections 1, 2, and 3 simply confirm that it is the Vice President, and no one else, who assumes the duties and responsibilities of the President if the President should the latter no longer be able to do so due to death, illness, injury, or mental incapacitation. Obviously, the line of secession is much longer, but that’s Congressional legislation, not the 25th Amendment.
Section 4 is where the VP and a majority of either:
– a majority of the principal officers of executive departments (cabinet)
– majority of the principle officers of Congress
may declare in writing that the President is unable to discharge the powers and duties of his office, and present that declaration to both the President pro tempore of the Senate and the Speaker of the House of Representatives.
Upon such declaration, the Vice President shall immediately assume assume the powers and duties of the office as Acting President. The key, however, is that those other entities cannot accomplish this on their own. It absolutely requires the Vice President’s complete and unreserved involvement.
Here’s where it gets a little sticky.
The elected aka original President can then write a counter-declaration to the same two heads of Congress saying that no such inability exists, at which point he shall immediately resume the powers and duties of his office.
So, here’s what we have so far:
VP and either cabinet or Congressional officers declare the President is unfit to the two head of Congress. VP assumes the office.
But if the President counter-declares, then he resumes his office.
Are you with me so far? Ok. Now it gets even stickier:
If the VP still thinks the President isn’t fit, then he, along with a majority of the cabinet or officers of Congress can, within 4 days, present their case again, at which point all of Congress assembled within 48 hours and makes a decision within 21 days to decided who either remains or becomes president: The original President or the Vice President. If they fail to make a decision, the powers and duties remain with the original President.
Did you notice what’s required throughout this scenario? That’s right: The VICE PRESIDENT, the President’s right-hand man. Without the VP, NONE of this happens. Congress cannot initiate this action. The cabinet cannot initiate this action. The Supreme Court cannot initiate this action. CNN cannot initiate this action, and neither can the Demoncraps or a TV show named “Madam Secretary.”
In fact, Rolling Stone magazine reaffirmed this finding in their excellent article
covering this very issue. They even provided a handy graphic
showing how many entities must concur before it’ll happen.
I find the claim that “The fictional White House in “Madam Secretary” will provide viewers with a crash course in the implementation of the 25th Amendment — the mechanism for removing the president from office — in the CBS drama’s next episode, titled “Sound and Fury” “to be dubious, if not spurious, and highly misleading of the public.
In fact, it borders on, if not crosses, the line of “inciting a riot.”
Rather, they will probably paint a very false picture about how, if enough Demoncraps raise hell, and infuriate Congress enough, then Congress can *SOMEHOW* make the decision, even without the VP’s input, a point which I hope the 25th Amendment itself has made abundantly clear simply cannot happen.
In other words, “wrong,” so sayeth our Constitution, “the supreme Law of the Land.” – Article VI. Clause 2.
That’s just not reality, there, Hollywood. The reality is that it’s an AMENDMENT, not merely federal law, and the 25th Amendment DEMANDS the Vice President’s concurrence. Furthermore, as an Amendment, no emergency session of Congress, even with the three-quarters vote required for repealing an Amendment can overturn it, not without first being properly ratified by three-quarters of the States, which will take several years.
So, Demoncraps and libtards, if it makes you happy to keep barking up that dead tree, be my guest. Go ahead and waste your time. I think the rest of America, however, might not consider you to be so blitheringly idiotic if you simply read the Constitution, including, in this case, the 25th Amendment itself.